MOTU MALLICK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant has preferred this appeal against the judgment of conviction and order of sentence dtd. 27/2/2018 passed by the Additional Sessions Judge I-cum-Special Judge (POCSO), Dhanbad in Special (POCSO) Case No.03 of 2015 arising out of Sindri Police Station Case No.81 of 2014 (G.R. No. 4909 of 2014), whereby and whereunder, the appellant has been convicted for offences under Ss. 4 of the Protection of Children from Sexual Offences Act and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs.25,000.00 (Rupees Twenty Five Thousand) and in default of payment of fine to further undergo rigorous imprisonment for a period of four months.

(3.) Learned counsel appearing for the appellant submits that the appellant has been falsely implicated in this case and there is no credible evidence to suggest that the appellant has committed rape upon the victim. From the evidence led by the prosecution, there is an element of doubt about the occurrence and commission of the offence by this appellant. Once a doubt is created in the mind of this Court, the benefit of the same should be given to the accused. The area from where the victim was taken by this appellant, as alleged, was a crowded area, but surprisingly no one had seen this appellant taking the victim. The victim had also improved the story while deposing as a witness. The doctor opined that the injuries on the body of the victim can be caused by fall, which would suggest that no sexual assault was committed upon her. The victim was aged about 3 years and solely on the basis of the statement of the victim, the appellant could not have been convicted for the offence under Sec. 4 of the Protection of Children from Sexual Offences Act. Learned counsel for the appellant further argues that there are no corroborative evidence in support of the victim's statement. On these grounds, learned counsel submits that the appellant is liable to be acquitted and prays for the same.